Amador County – The Amador Water Agency board of directors discussed a perceived threat of litigation Tuesday regarding a staff email to Pacific Gas & Electric.

Agency Counsel Stephen Kronick said he researched an email sent by Engineering Manager Erik Christesen to PG&E in which he called seven local residents “activists.”

Kronick said he researched tort law, after a March board meeting during which the public raised concerns about the e-mail and questioned whether some of those statements may have been defamatory. Kronick found that it did not, in his opinion, meet the definition of libel, defined as a false writing that causes a person to be shunned, or injured in their occupation.

Kronick consulted a dictionary, which said that an activist is one who is an active or vigorous supporter, especially of a cause. He said people likely could not go a day without hearing the word activist, and he saw two in a recent edition of the Sacramento Bee. He reviewed Christesen’s email and found “his statements were not defamatory.”

Bill Condrashoff, a member of Ratepayers Protection Alliance, said he found the topic comical, and questioned why it was on the agenda, but suggested it be placed on a future agenda. Ken Berry, also of the RPA, said he was not worried about being called an activist, but was bothered by the word “ambush. He said “ambushers are kind of like terrorists.” Kronick said his legal memo also addressed “ambush.”

David Evitt said the email warned PG&E of the activists, which “taints the email” and shoots down Kronick’s argument. Evitt said “if you think this is a dead issue and whitewashes it, you are very much mistaken.” He said “the intent here was to do wrong,” and “I want a letter to PG&E that undoes that.”

Judy Jebian said “I was named in the email as an activist. I have been called a tree hugger, and a liberal commie pinko.” She said “yes, I am a democrat,” a liberal and “proud to be both.”

Thornton Consolo agreed with Jebian, and was “highly offended” by the email and manner it was sent. He also was bothered by Kronick approaching the issue as a tort. Consolo said “we’re not suing anyone,” and he wasn’t aware that any of the seven threatened a suit. He said “we are still due an apology.”

Kronick said he forgot specifics, but a letter, from his perspective “clearly implied there was a potential for a lawsuit.” Kronick later found the letter, dated March 22 from Judy Jebian, which referenced litigation. The letter mentioned that libel is a tort, and its definition, and Jebian in the letter wrote: “This is a serious matter which should not be lightly dismissed,” and directly mentioned “litigation.”

Director Gary Thomas motioned to direct General Manager Gene Mancebo to instruct Christesen to write a letter of apology, but the matter was not listed on the agenda for action. The board agreed to place it on a future agenda.

Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.